Maintenance Act 1965 (Vic)

Legislation au Victorian Legislation - Acts (VICLegAct) V I C T O R I A N L E G I S L A T I O N

Legislation content

Version No. 052

Maintenance Act 1965

No. 7289 of 1965

Version incorporating amendments as at


29 March 2022

TABLE OF PROVISIONS

Section  Page

Part I—Preliminary

1Short title and commencement

2Repeal and saving

3Definitions

Part II—Maintenance orders

Division 1—Jurisdiction and powers of Magistrates' Court

Subdivision 1—General

4General jurisdiction in respect of maintenance and other orders

5Means of support and matters affecting amount of orders

Subdivision 2—Orders against husbands for maintenance of wives and against parents for maintenance of children

6Court may make order against husband for support of wife

Subdivision 3—Orders against wives for maintenance of husbands

9Court may order wife to support husband

Subdivision 4—Orders against unmarried fathers or mothers for maintenance of children

Subdivision 5—Orders against putative fathers for preliminary expenses and for maintenance of unborn children

Subdivision 6—Orders for funeral expenses

Subdivision 7—Orders for medical and like expenses

16Further order for payment of medical and like expenses

Division 2—Ancillary and interim orders

Subdivision 1—Orders for custody of children, &c.

Subdivision 2—Nominal orders

18Orders directing payment of nominal sum only

Subdivision 3—Preliminary and interim maintenance orders

20Interim orders for payment of maintenance

Division 3—General

Subdivision 1—Commencement and duration of orders

23Orders for support may include limited provision for past maintenance

24Duration of order for support of wife or husband

25Recovery of arrears after cessation of order

Subdivision 2—Evidentiary

26Constructive desertion by conduct

27Evidence of mother or defendant as to paternity of child

28Proof of marriage

Division 4—Discharge, suspension and variation of orders

29Power to court to discharge suspend or vary order

30Effect of suspension of order

Division 5—Revival of orders

32Power to court to revive suspended order

Part III—Procedural

33Making of complaints and issue of summons

34Manner of making applications

35Orders may direct mode of payment

36Further orders

37Application of Magistrates' Court Act 1989

38Power to court to proceed in absence of defendant in certain cases

39Setting aside order made in the absence of the defendant

Part IV—Enforcement of orders

Division 1—Orders made in Victoria

Subdivision 1—Orders for sale of goods, &c.

40Orders for seizure of goods, chattels, securities, rents etc.

Subdivision 2—Registration of certificate of arrears

41Registration of arrears in Supreme Court or County Court

Subdivision 3—Attachment of debts

42Attachment of debts

Subdivision 4—Imprisonment on proof of disobedience

43Court may commit defendant to prison

44Court not to commit to prison in certain cases

45Court may order mode of payment

45AGovernor may order discharge of defaulter

Subdivision 5—Attachment of earnings

46Definitions

47Attachment of earnings order

48Employer to make payments under order

49Attachment of earnings order instead of other order

50Discharge of variation of order

51Cessation of attachment of earnings order

52Compliance with order

53Where two or more orders are in force

54Notice to defendant of payments made

55Determination as to what payments are earnings

56Service

57Offence and defence

58Dismissal of an employee

59Reimbursement of wages and reinstatement

60Application of Subdivision

61Payments by Crown etc.

Subdivision 6—General

62Provision where defendant supported wife husband or child during any period

63Court may require defendant to state his employer etc.

64Duties of clerk…

Continue reading Maintenance Act 1965 (Vic)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.